On Thursday, August 7th, 2026, President Donald Trump signed two executive orders intended to narrowly limit birthright citizenship in the United States. These actions follow a recent Supreme Court decision in Trump v. Barbara that upheld birthright citizenship, striking down a broader attempt by Trump to suppress it.

The first executive order identifies specific groups whose children would be ineligible for citizenship at birth. It excludes children born to parents deemed "alien enemies," foreign government employees, or those who have engaged in commercial transactions to obtain birthright citizenship. It also excludes children born in U.S. territories where citizenship is not granted by federal statute, as well as children of persons employed by international organizations with immunity and ambassadors—though the latter are already excluded under existing law due to diplomatic immunity.

The second order focuses on "birth tourism," directing the Secretary of State and Secretary of Homeland Security to halt the practice where some women travel to the U.S. solely to give birth. The White House claims these measures will "protect the meaning and value of American citizenship."

However, critics argue these orders combine unconstitutional provisions with what they describe as "performance art," and will have little practical effect. The U.S. government already possesses authority to deny visas to those suspected of intending birth tourism and has prosecuted such schemes, including under the Biden administration.

The Framers of the Fourteenth Amendment extended citizenship to "every free-born person in this land," a promise reaffirmed by the Supreme Court's recent ruling.

(Photo credits: Denis Shevchuk/Elnur/Dreamstime; Illustration: Fatima Ruiz, Midjourney)

Sources